MATTER OF SANTANA v. PENA

2020-05706. Docket No. O-210-20.

196 A.D.3d 638 (2021)

148 N.Y.S.3d 379

2021 NY Slip Op 04486

In the Matter of Josette Santana, Appellant, v. Vincent Pena, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 21, 2021.


Attorney(s) appearing for the Case

Legal Services of the Hudson Valley, Newburgh, NY ( Amanda D. Tarallo of counsel), for appellant.

Jessica Bacal , Mount Kisco, NY, attorney for the children.

Chambers, J.P., Brathwaite Nelson, Christopher and Ford, JJ., concur.


Ordered that the order dated January 30, 2020, is affirmed, without costs or disbursements.

Contrary to the petitioner's contention, the Family Court properly determined that it did not have subject matter jurisdiction to entertain her family offense petition on the ground that another state had exclusive continuing jurisdiction over the parties' custody and parental access dispute and the order of protection which she was seeking would have necessarily affected the...

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